My son & his wife have been separated (not a legal separation) for several years but are not divorced. Does he have equal legal custody rights to their two children? She is currently living with them in a tent on someone's property and has been since the middle of June. We would have a welfare check done but don't know exactly where this place is.
1 Answer from Attorneys
If your son is the legal father of the children and there is no court order limiting his parental rights, he and the mother have full and equal rights and responsibilities to the children.
If your son does not take action soon, the court likely will want a very good explanation from your son why he does nothing upon learning that his children are "living ... in a tent on someone's property".
Your son should review the specific facts with his attorney to find out his legal options.